The case highlights the fact that a national standard as to when First Amendment interests take precedence over trademark infringement and unfair competition claims does not yet exist.
Reinforcing the strong First Amendment protections for the use of real-life products and brands in expressive works, a Los Angeles federal court rejected a trademark and trade libel suit over an episode of “Evil.”
An exploration of some of the potential intellectual property challenges, strategies, and controversies that may arise around NFTs.
The court affirmed that Mic’s use of a composite screenshot from a New York Post article to report, criticize, and comment on the article, its subject, and the resulting backlash, was a fair use.
The Court found that Vape constituted a fair use of Grease. In addition, the Court rejected Defendants’ claim that Plaintiff had infringed on the Grease trademark in its use of the mark in the opening credits.
The case was an important early test of Van Buren’s significance for scraping and other data journalism techniques.
After almost seven years of litigation, the Ninth Circuit vindicated Katy Perry and other co-defendants by affirming that no reasonable jury could have concluded that Perry’s hit song “Dark Horse” infringed Flame’s song “Joyful Noise” based on the similarities of two 8-note “repeating musical figures” that occur throughout both songs.
Amazon, Penguin Random House, and Leading Authors Win $7.8m Judgment Against International Ebook Piracy RingCaesar Kalinowski IV, Liz McNamara, and John Goldmark
The Ukrainian-based operation was able to operate for years by migrating websites and falsifying domain information to continue illegally distributing thousands of ebooks.
Third Circuit: Section 230 Does Not Bar Pennsylvania Statutory Right of Publicity Claim Against FacebookDori Hanswirth, Michael E. Kientzle, and Rachel Carpman
The Third Circuit split with a leading Ninth Circuit opinion holding that internet service providers are immune from all state intellectual property law claims.